Gemeinschaftsvermögen

Gemeinschaftsvermögen, or community property, is a marital property regime in which assets acquired during marriage are owned collectively by both spouses. The model assumes that the couple shares in the benefits and burdens of the community, while assets acquired before marriage, as well as gifts or inheritances given to one spouse, typically remain that spouse’s separate property unless designated as part of the community by agreement or law. The exact rules vary by jurisdiction and by the form of regime.

In German-speaking law, the most common statutory regime is Zugewinngemeinschaft, where each spouse retains ownership of personal property and the value that accrues during the marriage (the Zugewinn) is equitably balanced on dissolution. A Vollständige Gütergemeinschaft (full community of property) is a form of Gemeinschaftsvermögen that can be created by contract; it is comparatively rare. Other jurisdictions, such as Austria or Switzerland, have their own versions of community property with different thresholds for what becomes part of the Gemeinschaftsvermögen.

Upon dissolution or death, the assets within the Gemeinschaftsvermögen are divided according to the applicable regime: in full Gütergemeinschaft, all property and debts are pooled and shared; in Zugewinngemeinschaft, the main mechanism is the equalization of the accrued gains, while personal assets generally stay with the owner. The regime interacts with concepts of Eigenvermögen (separate property) and Sondervermögen (special property), and may be modified by a marriage contract (Ehevertrag).

See also: Gütergemeinschaft, Gütertrennung, Zugewinngemeinschaft, Eigenvermögen, Ehevertrag.